The Constitution Act, 1867 is one of the world’s oldest national constitutions in existence. This chapter explores the possibility that the longevity of Canada’s written constitution reflects design decisions made by its architects in the 1860s. It argues, more specifically, that the Canadian Constitution is characterized by “constitutional ambivalence”. It shows how this ambivalence became lodged in the design of three pillars of the constitutional order—federalism, democracy, and minority rights—and it explains how this ambivalence provided flexibility to adapt to environmental changes. It also shows how, when constitutional ambivalence was not present, for example with respect to the locus of sovereignty and Aboriginal rights, the effect was predictably de-stabilizing.

Since its entry into force on 29 December 1978, the Spanish Constitution has only been amended once. The formal simplicity of this amendment—the addition of two words to the original constitutional text—its widely acknowledged lack of serious political implications, the fact that it was passed with the highest degree of consensus among parliamentary political forces, and the fact that it was debated in the middle of the summer on the eve of the Barcelona 1992 Olympic Games, made it pass virtually unnoticed for most Spanish citizens. Notwithstanding these facts,...

Hawaii constitutes one judicial district which includes the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Palmyra Island, Baker Island, Howland Island, Jarvis Island, Canton Island, and Enderbury Island: Provided, That the inclusion of Canton and Enderbury Islands in such judicial district shall in no way be construed to be prejudicial to the claims of the United Kingdom to said Islands in accordance with the agreement of April 6, 1939, between the Governments of the United States and of the United Kingdom to set up a regime for their...

In Article 3 a second sentence was inserted into paragraph 2 and a second sentence was inserted into the paragraph 3 . The new second sentence provides: The State fosters the actual achievement of equal entitlement ( Gleichberechtigung ) between women and men and strives to eliminate existing disadvantages. The second sentence in paragraph 3 of Article 3 reads: No one may be disadvantaged because of one's impairment ( Behinderung ). A new Article 20a reads: Article 20a [Protection of the natural foundations of life] The State protects also with responsibility to...

In June 1995, we published our English translations of the 41st Amendment of August 30, 1994, and the 42nd Amendment of October 27, 1994. Since that time, there have been four more Amendments: the 43rd of November 3, 1995, the 44th of October 20, 1997, the 45th of March 26, 1998, and the 46th of July 16, 1998. At this time, we are publishing English translations to bring our English translations of the Basic Law up to date. The 43rd Amending Act of November 3, 1995, concerned Article 106 paragraphs 3 and 4 . It may be noted that Article 106 , which concerns the...

Our most recent supplement was published in June 1999. We provided our English translations of the four most recent amendments (43, 44, 45 and 46) to the Basic Law of the Federal Republic of Germany. Since that time, there have been five more amendments: The 47th Amendment modified Article 16 , which concerns citizenship. The first sentence remains the same to the effect that, "no German may be deprived of citizenship. The loss of citizenship may only be implemented on the basis of a law and against the will of the affected (person), if such person does not...

(a) Ceded to and accepted by United States The cessions by certain chiefs of the islands of Tutuila and Manua and certain other islands of the Samoan group lying between the thirteenth and fifteenth degrees of latitude south of the Equator and between the one hundred and sixty-seventh and one hundred and seventy-first degrees of longitude west of Greenwich, herein referred to as the islands of eastern Samoa, are accepted, ratified, and confirmed, as of April 10, 1900, and July 16, 1904, respectively. (b) Public land laws; revenue The existing laws of the United...

Termination Of Trust Territory Of The Pacific Islands The Trust Territory of the Pacific Islands, which included the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau, terminated. The Trusteeship Agreement terminated with respect to the Republic of the Marshall Islands on Oct. 21, 1986, with respect to the Federated States of Micronesia and the Commonwealth of the Northern Mariana Islands on Nov. 3, 1986, and with respect to the Republic of Palau on Oct. 1, 1994. See Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, set out...

Additional Provisions For additional provisions, constituting a revision of the Organic Act of the Virgin Islands of the United States, see section 1541 et seq. of this title. Codification A new organic act, or basic charter of civil government, for the people of the Virgin Islands of the United States, was passed in 1954. Act July 22, 1954, ch. 558, 68 Stat. 497, known as the Revised Organic Act of the Virgin Islands, is set out as section 1541 et seq. of this title. Section 8(c) of the Revised Organic Act, set out as section 1574(c) of this title, provides that...

For additional provisions, constituting a revision of the Organic Act of the Virgin Islands of the United States, see section 1541 et seq. of this title. A new organic act, or basic charter of civil government, for the people of the Virgin Islands of the United States, was passed in 1954. Act July 22, 1954, ch. 558, 68 Stat. 497, known as the Revised Organic Act of the Virgin Islands, is set out as section 1541 et seq. of this title. Section 8(c) of the Revised Organic Act, set out as section 1574(c) of this title, provides that laws of the United States, set out...

The territory ceded to the United States in accordance with the provisions of the Treaty of Peace between the United States and Spain, signed at Paris, December 10, 1898, and proclaimed April 11, 1899, and known as the island of Guam in the Marianas Islands, shall continue to be known as Guam. (Aug. 1, 1950, ch. 512, Sec. 2, 64 Stat. 384.) [2] Effective Date; Continuation Of Federal Administration Section 34 of act Aug. 1, 1950, provided that on the 21st day of July 1950, the authority and powers conferred by this chapter would come into force, and authorized the...

The territory ceded to the United States in accordance with the provisions of the Treaty of Peace between the United States and Spain, signed at Paris, December 10, 1898, and proclaimed April 11, 1899, and known as the island of Guam in the Marianas Islands, shall continue to be known as Guam. (Aug. 1, 1950, ch. 512, Sec. 2, 64 Stat. 384.) Section 34 of act Aug. 1, 1950, provided that on the 21st day of July 1950, the authority and powers conferred by this chapter would come into force, and authorized the President, for a period not to exceed one year from Aug. 1,...

Hungary was one of the first and most thorough political transitions after 1989, which provided all the institutional elements of constitutionalism: checks and balances and guaranteed fundamental rights. Hungary also represents the first, and probably the model case, of constitutional backsliding from a full-fledged liberal democratic system to an illiberal one with strong authoritarian elements. The current Hungarian constitutional system was made possible by FIDESZ’s anti-pluralist nationalist populism. To achieve this aim the populist government misuses the...